NC0056863_MV-2016-0010_20160824

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WCiferResou ces
Certified Ia'I[ail # 7013 2630 00021133 6006
Return Receipt Requested
Gary L Boney
Town of Rose Hill
PO Box 8
Rose Hill, NC 28458
PAT I�JCCRORY
DONALD R. VAS DER VAART
'Sesrer�
S. J. Y-Z1h,:11V1'R11AN
2??rec?L7.e
RECEIVEDUDEQ014IR
AUG 2 4 2016
August 15, 2016 Water Quality
Permitting SOction
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO056863
Town of Rose Hill
Rose Hill WWTP
Case No. MV -2016-0010
Duplin County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $417.00 ($300.00 civil penalty +
$117.00 enforcement costs) against Town of Rose Hill.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Rose Hill for the month of March 2016. This review has shown the subject facility to be in violation
of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0056863. The violations,
which occurred in March 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Rose Hill violated the terms, conditions or
requirements of NPDES WW Permit No. NCO056863 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any, person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Town of Rose
Hill:
State of North Carolina I 'Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

$300-00 for 3 of the 3 failures to properly monitor CHLORL'i E in violation of Permit No. NC0056863.
$300.00 TOTAL CrV L PENALTY
$117.00 Enforcement Costs
$417.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirtyy'(30) days of receipVof this notice, you must do One of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option Ile Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

7ption 2: Submit a written request for remission of m tigation including a detailed justification for such
9
f r7quest:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3e ]File a petition ff®n- an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrativ%
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
J`a n�e3s, . Gregson, Regional -Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTE FI<CATI ON FOR R Eli ESS)tON REQUEST
Case Number: N'Yi -2016-0010 County. Duplin
Assessed Partys Town of Rose Hill
Permit No.: NCO056863 Amount Assessed: $417.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S: 143B -282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps thatyou took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF (FACTS
Town of Rose Hill )
(Rose Hill WWTP )
PERMIT NO. NCO056863 ) CASE NO. MV -2016-0010
Having been assessed civil penalties totaling $417.00 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 15, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Y Town of Rose Hill
CASE NUMBER: MV -2016-0010
PERMIT: NCO056863
FACILITY: Rose Hill Ff WTP
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Wilmington
COUNTY: Duplin
Violation
Report
Unit of Limit Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure Value Value Limit
Type
amount
3/5/2016
3-2016
Chlorine, Total
2 X week
ug/I
Frequency
$100.00
Residual
Violation
3/19/2016
3-2016
Chlorine, Total
2 X week
ug/I
Frequency
$100.00
Residual
Violation
3/26/2016
3-2016
Chlorine, Total
2 X week
ug/I
Frequency
$100.00
Residual
Violation

DAgS1OD OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Rose Hill
Facility Dame: Rose Hill WWTP
Permit Number: NCO056863
County: Duplin
Case Dumber: IV -2016-0010
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
'AM
7) The prior record of the violator in complying or failing to comply with programs over which the
(Environmental Management Commission has regulatory authority; and
8) The cost to the State of thea enforcement procedures.
$117.00
D toam H. Gregson, anal Supervisor
iter Q'uality Regi nal Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Cau toffiiced NO # 7013 2630 0007 IL133 6587
Return Reccceop! Regueste
May 20, 2016
Gary L Boney
Town of Rose Hill
PO Box 8
Rose Hill, NC 28458
��Ab�rtaiP
SUBJECT: G 077CE OF MIIOLATRON a RN7ENT 70 ASSESS CRVEd PENALTY
Tracking Number: NOV-2016-MV-0069
Permit No. NCO056863
Rose Hill VVVVTP
Duplin County
Dear Permittee:
A review of the March 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
monotoring do®oatgonf ,
Sample
li_®caUon Parameter
. mong1toring
Oahe Frequency Type of Vi®oalttoon
001 Effluent
Chlorine, Total Residual (50060)
3/5/2016
2 X week
Frequency Violation
001 Effluent .
Chlorine, Total Residual (50060)
3/19/2016
2 X week
Frequency Violation
001 Effluent
Chlorine, Total Residual (50060)
3/26/2016
2 X week
Frequency Violation
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

If you wish to provide additional information regarding the noted violation, request technical assistance,.,mr
discuss overall compliance please respond in writing within ten (10) business days after receipt of this No%lde" A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. gf no response its rrec eoved urs thils Mc e wOt hPn the 10 -day pallod, a c Wfl pcena0ty
assessment may/ be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Remlindtelr: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and,if you have not already done so, you may wish to consider registering to use the Division's new
e -DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wg/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
Ja H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina i Environmental Quality i Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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iQaDES P)EPJdrIr NO.: NCO056863
FACILITY NAME: Rose Hill V WTP
OWNER NAM: Town of Rose Hill
GRADE: WW -3
eDM R PERIOD: 03-2016 (March 2016)
�dv0il39�w�• ,
PERMIT VERSION- 4.0 PERIbM STATUS: Active
CLASS: WW -2 COUNTY: Duplin
®RC: Talmadge Keith Grubbs ®RC CERT NUMBER: 996477
®RC HAS CHANGED: No
VERSION. 3.0 STATUS: Processed
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****No Reporting Reason: ENFRUSE=NoFlow-Reuse/Recycle;ENVWTHR=No Visitation- AGTAI9115ruff w; HOLIDAY =No Visitation -Holiday
MAY 17 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
MAY m .7016

r
Pl1;RMYI'N®.: NC0056863
ITg NAME: Rose Hill W W £P
WNER NAME:
Town of Rose Hill
WW
PGRCAIDLF.
DMlt PERIOD: 03-2016 (March 2016)
Outfall 001- Eftent Comments:
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Talmadge Keith Grubbs
ORC HAS CHANGED: No
VERSION: 3.0
PERS STATUS: Active
COUNTY: Duplin
ORC CERT NUMBER: 996477
STATUS: Processed
While reviewing the March Discharge Monitoring Report (DMR), W WTP staff noted that the frequency for Total Residual Chlorine (TRC) weekly testing was not met for the
last half of the month. This routine of only performing a single weekly TRC analysis began during the week of March 14th and continued to the current date. It sounds ludicrous,
but this was just a simple oversight by WWI? staff. During the week in question, a lot of extra testing was being completed due to annual renewal of our laboratory certification,
and the second weekly chlorine sample was simply forgotten and not met. It is also important to note that during this quality control study, problems with our laboratory test
procedures became apparent with respect to TRC analysis and we later updated our testing method to the A¢AMach DPD 10014 Method kik&. Through this improved
procedure, we were able to identify chlorine contamination in the distilled/deionized water utilized during testing (-30 ug/L) as well as proper procedures for determining blank
values and reducing chlorine demand through proper iabware preparation. With these new procedures in place, we were able to make more confident measurements of our
effluent chlorine levels, however; the total procedure time was significantly increased from —15 minutes to —55 minutes. I believe this increased test duration time, in addition to
many different things happening at the W WTP, led to staff forgetting to analyze for a second weekly sample. Please note that although this attachment accompanies the March
2016 DMR, we will also be non-compliant through the month of April for TRC test frequency as well. We apologize for this error and will immediately correct the problem and
re-establish our twice per week TRC testing.
.7..